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05-05-1998 - Regular Meeting - Minutes• MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL May 5, 1998 The regular meeting of the West Covina City Council was called to order by Mayor Melendez at 7:37 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Interim City Manager Glover and the Pledge of Allegiance was led by Mayor Pro Tern Herfert. ROLL CALL Mayor Melendez, Mayor Pro Tem Herfert, Councilmembers Howard, Touhey, Wong Others Present: Glover, Collier, Mayer, Collins, McIsaac, Fong, Bommarito, Pullin, Bonaparte, Samaniego, Tucker, Francis, Ellis, Greene, Paul, Pidgeon, Morgan, Berry PRESENTATIONS/PROCLAMATIONS Mayor Melendez introduced the members of the West Covina 71" Birthday Celebration Committee. Mayor Melendez presented a Certificate of Commendation to Mr. James W. Labadie as the recipient of this year's Outstanding Older American. Mr. Labadie also received the proclamation pro- claiming the month of May as OLDER AMERICANS MONTH. Mayor Melendez proclaimed May 17 — 23 as LOVE IN MOTION WEEK and presented the proclamation to Helen Arellano, Executive Director of Love Inc. Mayor Melendez proclaimed May 16 as STOP THE VIOLENCE DAY and presented the proclamation to Gary Lawson, Chief Executive Officer of Future America. Mayor Melendez presented a proclamation to Phil Liff-Grieff, Executive Director of the Jewish Federation, recognizing the STATE OF ISRAEL'S 50TI ANNIVERSARY. HEARING PROPOSED MUNICIPAL CODE AMENDMENT ADOPT- ING LOS ANGELES COUNTY HEALTH ORDINANCE RELATING TO FOOD ESTABLISHMENTS Councilmember Wong stated that he would abstain from the dis- cussion and vote on this matter due to conflict of interest laws. Ordinance re food establishments This hearing was opened at the Council meeting of April 7 h and continued until this evening. Environmental Management Director Samaniego presented the staff report. He introduced Joe Nash, Manager of the Health Department, West Covina branch. Mr. Nash responded to several Council questions, particularly the question regarding the County's reinspection fee that will be set sometime in June or July by the County Board of Supervisors. Public Testimony Mayor Melendez asked for public comment and the following addressed Council: Audrey Lynberg Audrey Lynberg, 1311 Golden Vista Drive, urged Council to move forward with the adoption of the Los Angeles County health ordinance. Tami Klenck Tami Klenck, 609 S. Magnolia, was also supportive of the proposed code amendment, incorporating the County's ordinance. Council Minutes of 5/5/98 • Testimony closed There being no others wishing to address Council, Mayor Melendez closed the public testimony portion of the hearing and commenced Council discussion. Mr. Nash responded to Council's questions regarding types of violations in relation to the grading/ranking given by the health inspectors and the temporary closure of food establishments. Council discussed whether to move forward with the introduction of the ordinance at this point or wait until the County Board of Supervisors settles on the fine structure. Mayor Melendez stated that he was ready to move forward this evening with the ordinance introduction. Motion by Herfert and seconded by Touhey to hold over the matter until after the County Board of Supervisors has set the fine amounts. Motion carried 3-1-1 with Melendez voting no and Wong abstaining (conflict of interest). HEARING PUBLIC NUISANCE ABATEMENT HEARING Locations: 1514 E. Marbury Street Pool Nuisances 814 E. Barbara Avenue 124 S. Larimore Avenue City Clerk Berry verified the affidavit of posting and mailing. Mayor Melendez opened the hearing and the staff report was presented by Acting Planning Director McIsaac. Public Testimonv Mayor Melendez opened the public testimony portion of the hearing and asked for comments. No one addressed the City None Council and Mayor Melendez closed the public testimony portion Testimony Closed of the hearing. City Clerk presented: Resolution 9563 - RESOLUTION NO. 9563 — A RESOLUTION OF THE 1514 E. Marbury Street CITY COUNCIL OF „ THE CITY OF WEST COVINA, CALIFORNIA, DECLARING THE PROPERTY LOCATED AT 1514 EAST MARBURY STREET A PUBLIC NUISANCE Resolution 9564 - RESOLUTION NO. 9564 — A RESOLUTION OF THE 814 E. Barbara Avenue CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, DECLARING THE PROPERTY LOCATED AT 814 EAST BARBARA AVENUE A PUBLIC NUISANCE Resolution 9565 - RESOLUTION NO. 9565 — A RESOLUTION OF THE 1224 S. Larimore Avenue CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, DECLARING THE PROPERTY LOCATED AT 1224 SOUTH LARIMORE AVENUE A PUBLIC NUISANCE Motion by Touhey and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. CONSENT CALENDAR Written Communications (none received) Commissions' Summary of Actions (receive & file Community Services .... 4/14/98, 4/15/98, 4/23/98 Planning 4/28/98 Senior Citizens' 4/09/98 Waste Mgmt/Environmental Quality 4/16/98 F] Council Minutes of 5/5/98 Traffic Committee Minutes (accept & file) Regular meeting of April 21, 1998. Ordinance for Adoption (waive reading & adopt) Ordinance 2015 - ORDINANCE NO. 2015 — AN ORDINANCE OF THE • Administrative Fines CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ADDING CHAPTER 15, ARTICLE XI TO THE WEST COVINA MUNICIPAL CODE ESTABLISHING A PRO- CEDURE FOR IMPOSING AND COLLECTING ADMINIS- TRATIVE FINES FOR VIOLATIONS OF THE WEST COVINA MUNICIPAL CODE City Treasurer's Report (receive & file) Report for the month of April, 1998. Award of Bids TS 98120 — Valinda Avenue and Summerplace Drive TS 98120 - Recommendation is to take the following actions: Macadee Electrical a) Authorize a transfer of $12,000 in Gas Tax (126) Funds from TS 96109 to TS 98120 and a transfer of $50,000 in Capital Projects Funds from TS 91115 to TS 98120. b) Approve a waiver of competitive bidding procedures and authorize the purchase of a traffic signal cabinet and controller from IDC Traconex/Multisonics in a total amount of $14,420.00 plus tax. c) Accept the bid of Macadee Electrical Construction in the amount of $92,225.00 as submitted at the bid opening of 4/28/98 and authorize the Mayor and City Clerk to execute the contract. Purchase and Installation of Foam Proportioning Systems for Two Fire Engines Foam Systems - Recommendation is to a) find that through the formal bid process FireBann FireBann has provided the lowest quote to Bid No. 988-002 and has complied with all specifications, and b) authorize the purchase and installation of two foam proportioning systems from FireBann at a cost not to exceed $25,998 plus tax. Miscellaneous — Public Works West Covina Citywide Sewer Service Charge Recommendation is to adopt the following resolution and set July 7 as the public hearing date: Resolution 9566 - RESOLUTION NO. 9566 — A RESOLUTION OF THE Sewer Service Charge CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- (public hearing: 7/7) FORNIA, DECLARING ITS INTENTION TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING A DATE FOR A PUBLIC HEARING THEREON (Public Hearing: July 7, 1998) Miscellaneous — Police Department Transfer Request Relating to 1996-98 BJA Grant BJA Instructors Recommendation is to approve the transfer of funds $20,000 from 130-304-2144-5111to 130-304-2144-5112. 3 Council Minutes of 5/5/98 Resolution 9567 - Agreement between City and American Capital Miscellaneous — Planning Department Project Status and Property Maintenance issues at 1225 and 1231 S. Shadydale Ave., Tentative Parcel Map No. 24625 Recommendation is to receive and file the staff report. Miscellaneous — Redevelopment Agency HOME Funds Recommendation is to waive reading and adopt the following resolution: RESOLUTION NO. 9567 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING A COOPERATION AGREEMENT BY AND BETWEEN THE CITY AND THE WEST COVINA REDEVELOPMENT AGENCY, AND APPROVING A LOAN ADMINISTRATION AGREEMENT BETWEEN THE CITY, THE AGENCY, AND AMERICAN CAPITAL FINANCIAL CORPORATION CONSENT CALENDAR MOTION Motion by Herfert and seconded by Howard to waive further reading of the resolutions and ordinance, and to adopt, and to approve all other items listed on the Consent Calendar, except: B- 6a (traffic signal at Valinda/Summerplace) and B-7d (HOME funds). Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None Item B-6a Mayor Pro Tem Herfert commented that the traffic signal was needed and happy it would soon be in place. Motion by Herfert and seconded by Touhey to approve the recommendation for B-6a. Motion carried 5-0. Item B-3a Dr. Prescott, American Dental Group at 436 N. Sunset Avenue, addressed the Traffic Committee Minutes relative to parking restrictions near his dental practice. Upon conclusion of his com- ments and staffs response, Council rescinded their previous approval of the Traffic Committee recommendation and referred the matter back to the Traffic Committee. Traffic signal request Barney McBride, 1525 Sheffield Avenue, presented a petition of neighborhood residents adjacent to the crosswalk at Pima and Cameron. Traffic on Cameron is dangerous to the school children and the crossing guard during the morning and afternoon hours. The petition seeks a traffic signal at that intersection. The matter was referred to the Traffic Committee. Item B-7d Mark McDonough, 1002 S. Terri Ann Drive, complained about the HOME Fund program process. He said the silent mortgage company that the City is using (American Capital) requires that the first mortgage be obtained through them. He said that as a West Covina resident and a mortgage broker, the City should be interested in having him do the job. Further Council discussion. Mr. Yoshizaki responded that the process is complicated and requires experience. Gabriel Garza, president of American Capital, explained their process. Mr. Yoshizaki stated that there are only 10 to 12 loans given each year. At Councilmember Touhey's request, the RDA staff would review it by the next period. City Clerk Berry read the heading of the resolution. Motion by Howard and seconded by Wong to waive further reading and adopt. Motion carried 5-0. 4 Council Minutes of 5/5/98 Recess Mayor Melendez called a recess at 9:23 pm. The City Council reconvened at 9:43 pm with all members present. PUBLIC WORKS No reports for this meeting. ® ENVIRONMENTAL MANAGEMENT DEPARTMENT PROPOSAL TO CREATE A BKK LANDFILL PERPETUAL BKK Perpetual Maintenance Mayor Pro Tem Herfert stated that he would abstain from the discussion and vote on this issue due to conflict of interest laws. Environmental Management Director Samaniego presented the staff report. He stated that special counsel would be submitting a report in the near future about continued maintenance at the site. Also, the City is awaiting a response to a similar question from the Department of Toxic Substance and Control. Motion by Howard and seconded by Touhey to hold over this item until the City receives a report from special counsel and the state. Motion carried 4-0-1 with Herfert abstaining. COMMUNITY DEVELOPMENT PLANNING DEPARTMENT RESOLUTION ESTABLISHING ADMINISTRATIVE FINES Acting Planning Director McIsaac presented the staff report. Councilmember Wong suggested changing the language in the existing ordinance relative to trash cans "in view" to language indicating that the trash cans should be away from the curb by a certain amount of feet. City Clerk presented: Resolution 9568 - RESOLUTION NO. 9568 — A RESOLUTION OF THE Administrative Fines CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING ADMINISTRATIVE FINES PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 2915 Motion by Wong and seconded by Howard to waive further reading of the resolution and adopt. Motion carried 5-0. REDEVELOPMENT AGENCY Mayor Melendez recessed the City Council meeting at 10:15 pm to convene the Redevelopment Agency. The City Council was reconvened at 10:20 pm. PUBLIC FINANCING AUTHORITY Mayor Melendez recessed the City Council meeting at 10:21 pm to convene the Public Financing Authority. The City Council was reconvened at 10:25 pm. isCOMMUNITY SERVICES 1) ESTABLISHMENT OF A BUDGET ACCOUNT FOR 75Tu DIAMOND JUBILEE CELEBRATION Community Services Director Collins presented the staff report. Members of the 7h Birthday Celebration Commit- tee presented a report addressing the celebration and budgetary plans: Council Minutes of 5/5/98 Ed Casanova Ed Casanova, 809 Avington Avenue Bill Roe Bill Roe, 1510 Newcrest Drive Dan Robinson 360-K Orlando Way, Covina Ms. Collins modified the recommendation to appropriate $31,000 from the unappropriated Business Improvement Tax fund, which currently has a balance over $350,000. Motion by Howard and seconded by Wong to • approve the recommendation as modified. Motion carried 5-0. 2) OPTIONS FOR OPERATING THE EQUESTRIAN CENTER Equestrain Center Community Services Director Collins presented the staff report, noting that a letter was recently received from Valencia Heights Water District. The letter stated that effective June 1, 1998, Valencia Heights will exercise their 90-day termination notice and they plan to sell the property, lease it back to the City for fair market value, or look for other alternatives. Based on that letter, staff is recommending that the City continue to work with the Ridge Riders Agreement until the land use issue is resolved. Councilmember Wong stated that due to conflict of interest laws, he would abstain on the discussion and vote on this issue. John King John King, 657 S. Chaparro, Covina, a member of the Ridge Riders Club, stated that his group would be happy to continue working with City staff. Shelly Sanderson Shelly Sanderson, 2743 Vanderhoof Drive, favored a multi- purpose facility for anyone in the community to use. Tina Clippinger Tina Clippinger, 737 Quail Valley Lane, member of several equestrian clubs, encouraged the City to keep the center open for all. Jan Rainey Jan Rainey, 2807 E. Vanderhoof Drive, would not like to see the City lose the facility. She suggested the City contact various horse organizations for a new operator. 3) Cultural Arts Commission Mayor Pro Tern Herfert noted that Valencia Heights Water District apparently wants to get out of their lease with the City. It is a valuable facility and would like it in the City. Motion by Herfert and seconded by Touhey to direct the Council subcommittee (Touhey and Howard) to meet with Valencia Heights Water District to explore the options. Motion carried 4-0-1 with Wong abstaining. Community Services report. Collins presented the staff City Clerk Berry presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CREATING A CULTURAL ARTS AND SPECIAL EVENTS COMMISSION UNDER CHAPTER 2, DIVISION 5, OF THE WEST COVINA MUNICIPAL CODE N Council Minutes of 5/5/98 Robert Klenck Tami Klenck Bill Roe Grace Barrios Helena Redondo Gloria Vargas Cultural Arts & Special Events Committee Motion by Herfert and seconded by Touhey to waive further reading of the ordinance and introduce. Lengthy Council discussion ensued, followed by comments from: Robert Klenck, 609 S. Magnolia Tami Klenck, 609 S. Magnolia Bill Roe, 1510 Newcrest Drive Grace Barrios, 3401 S. Sentous Avenue Helena Redondo, 1117 W. Workman Avenue Gloria Vargas, 1915 S. Summerplace Drive Mayor Pro Tem Herfert agreed with the point Ms. Redondo made in that the City could not raise funds; however, a community -based committee could. It would be better to have a staff liaison to the committee. He withdrew his previous motion to waive reading of the ordinance and introduce. Motion by Herfert and seconded by Wong to direct staff to designate a liaison to facilitate a Cultural Arts Committee. Motion carried 5-0. Recess Mayor Melendez recessed the City Council meeting at 11:28 pm. The City Council reconvened at 11:40 pm with all members present. Mayor Melendez stated that he had received a request to consider the Fire Department's staff report next, and he moved it forward. FIRE DEPARTMENT AMBULANCE TRANSPORTATION SERVICES Ambulance Transportation The staff report was presented by Fire Chief Greene and Battalion Chief Janis. Staff responded to questions relating to fee levels, cost -recovery amounts, service and response standards of the ambulance company versus the Fire Department. Richard Kaumph Richard Kaumph, Fire-Med Coordinator, Huntington Beach, explained the Huntington Beach program which has worked very well for several years and which West Covina Fire Department is modeling. He explained their collection issues and that third party payers, such as health insurance companies, pay for most of the paramedic fees and ambulance transport fees and those fees are collected by a third party agency. Manny Galvez Manny Galvez, Cole -Schaefer Ambulance Company, presented the steps taken by Cole -Schaefer during the RFP process and reminded Council of the company's fine 30-year service to the City. Fran Dowling Fran Dowling, Cole -Schaefer Ambulance Company, questioned the figures presented by the Fire Chief and Battalion Chief regarding salaries, benefits, etc. Jim Karras Jim Karras, Cole -Schaefer Ambulance Company, noted that Cole - Schaefer has given outstanding service to the City. Cole -Schaefer included a revenue sharing concept in their RFP. Carl Johnson Carl Johnson, 329 N. Orange Avenue, stated that the Fire Chief s report outlines the advantages to the community and urged Council's support on the proposal. 7 Council Minutes of 5/5/98 El Nancy Rubio Nancy Rubio, 908 E. Cameron Avenue, spoke highly of transfer- ring ambulance transportation services to the City's Fire Depart- ment. Ziad Alhassen Ziad Alhassen, 100 N. Barranca Street, felt cost was not an issue, but higher service levels and quicker response times were the important issues surrounding the proposal. Council comments Mayor Melendez asked for a motion and then discussion on the motion would follow. Motion Motion by Herfert and seconded by Touhey to authorize the Fire Department to implement the proposed public/private ambulance plan for emergency medical transport and serve notice to AMR and Schaefer Ambulance of our intent to cancel the current contract. Mayor Pro Tern Herfert and Councilmember Touhey acknow- ledged Cole-Schaefer's service in the City, but the story facing the City at the present time is economics. The Fire Department feels they can provide even better service to the residents and Council's obligation is to the residents. Councilmember Wong expressed some concern about the change in direction from the last staff report and the figures contained in Appendix A, causing him to be a little reluctant to move forward with the program. Councilmember Howard stated that she could not support the proposal at this time being concerned with the initial outlay of about $72,000 when the City is having to find $1.7 million caused by the defeat of Measure C. She suggested that since this is going to be a very tough monetary year for us, we maintain the status quo with Cole -Schaefer and revisit this at a later time. Mayor Melendez stated that the Fire Department can recover more than the initial outlay in the same fiscal year and provide better response time, then it would be very good to move forward with the proposal. Action on motion Mayor Melendez called for the vote on the motion. The motion carried 3-1-1 with Howard voting no and Wong abstaining. POLICE DEPARTMENT 1) RESOLUTION AND ORDINANCE DEALING WITH THE REGULATION OF EPHEDRINE PURCHASES Council concurred on holding this item over until the next regular City Council meeting of May 19, 1998. 2) TRANSCRIPTION SERVICES Council concurred on holding this item over until the next regular City Council meeting of May 19, 1998. APPROVAL OF DEMANDS Motion by Herfert and seconded by Melendez to approve Demands totaling $1,066,539.57 as listed on check registers FI 177496 through 177880. Motion carried by roll call vote: AYES: Herfert, Howard, Touhey, Wong, Melendez NOES: None 0 Y Council Minutes of 5/5/98 • Legal Services Audit OFFICE OF THE CITY CLERK Resolution 9569 - 4/28/98 Election Results LEGAL REPRESENTATION AUDIT Mayor Pro Tern Herfert elaborated on the staff report. Ziad Alhassen, 100 N. Barranca Street, suggested areas that should be included in the review of legal services and costs. Motion by Herfert and seconded by Touhey to direct staff to prepare an RFP for auditing legal services performed for the City. Motion carried 5-0. SPECIAL MUNICIPAL ELECTION RESULTS City Clerk Berry elaborated on the staff report and presented: RESOLUTION NO. 9569 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON APRIL 28, 1998, DECLARING THE RESULTS AND OTHER SUCH MATTERS ARE PROVIDED BY LAW Motion by Wong and seconded by Touhey to waive further reading of the resolution and to adopt. Motion carried 5-0. COMMUNITY SERVICES (CONTINUED) 4) PE Council reviewed the Motion by Touhey and seconded by Herfert to direct staff to solicit proposals for the repainting and detailing of the shuttles using the graphics in Design "A." Motion carried 5-0. ORAL COMMUNICATIONS Mayor Melendez announced the West Covina Veterans' Memorial Dedication Ceremony. It has been scheduled for 11:00 am on Sunday, May 31, and will be held in the courtyard at City Hall. A reception will follow the dedication ceremony at the West Covina Veterans of Foreign Wars Post 8620, located at 2328 W. Merced Avenue. ADMINISTRATIVE SERVICES FINANCE DEPARTMENT PROPOSED BUDGET STUDY SESSION CALENDAR Council reviewed the staff report and concurred on 6:00 pm in the Management Resource Center on May 11, 1998, as the first study session for the Annual Fiscal Year 1998/99 Budget. PERSONNEL SERVICES REORGANIZATION OF THE RISK MANAGEMENT PROGRAM • Council concurred on holding this matter over until the next regular City Council meeting of May 19, 1998. MAYOR'S REPORTS No reports for this meeting. T Council Minutes of 5/5/98 I COUNCILMEMBERS' REPORTS JOINT CITY COUNCIL/CITY COMMISSION MEETING This matter was held over until the next regular City Council meeting of May 19, 1998. Council agreed to recognize Hollingworth School of the Rowland Unified School District for being selected as a recipient of the California Distinguished School Award. Staff to request Principal Kathy Carter to attend a Council meeting and accept Council's appreciation and praise. ADJOURNMENT Motion by Herfert and seconded by Touhey to adjourn the meeting at 2:07 am. Motion carried 54 Attest: City Clerk -Janet Berry Mayor Richard 10